Lydia De La Fuente v. Johamberlin R. Beato

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-20-00464-CV

Lydia DE LA FUENTE,

Appellant v.

Johamberlin R. BEATO,

Appellee

From the County Court at Law No. 10, Bexar County, Texas Trial Court No. 2020CV01085

Honorable J. Frank Davis, Judge Presiding PER CURIAM

Sitting: Irene Rios, Justice

Beth Watkins, Justice

Liza A. Rodriguez, Justice

Delivered and Filed: March 3, 2021

DISMISSED FOR WANT OF PROSECUTION

Appellant’s brief was due on January 8, 2021. Appellant failed to file her brief or a motion for extension of time. On January 26, 2021, we issued an order informing appellant that her brief was overdue and directing her to file, on or before February 12, 2021, her brief and a written response reasonably explaining why appellee was not significantly injured by appellant’s failure to timely file a brief. We advised appellant that if she failed to file a brief and a written response by the date ordered, we would dismiss this appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1) (allowing appellate courts to dismiss an appeal for want of prosecution when an appellant fails to timely file a brief); see also TEX. R. APP. P. 42.3(c) (allowing appellate courts to dismiss an appeal when an appellant fails to comply with a court order). Appellant has not filed her brief or otherwise responded to our January 26, 2021 order. Therefore, this appeal is dismissed for want of prosecution.

PER CURIAM